Absolutorium a odpowiedzialność konstytucyjna. Komplementarność czy rozdzielność?
The Vote of Approval and the Constitutional Responsibility – Complementary or Severability?
Subject(s): Constitutional Law, Governance, Electoral systems, Fiscal Politics / Budgeting
Published by: Akademia Ignatianum w Krakowie
Keywords: the vote of approval; budget; government; constitutional responsibility; State Tribunal;
Summary/Abstract: The answer for the question: is the vote of approval as the legal way of the count up the government as the budget executioner is enough to not be constitutional responsible by its particular members? The research problem and methods: The conclusions was made on the basis of science, the analysis of law and the parliamentary practice. The analysis was made using the system method, purposive method and the historical – law method. The process of argumentation: The Author tried to make the connections between the vote of approval with the constitutional law enforcement of every single member of the government on the State Tribunal. Before that, She described the idea of the vote of approval, its procedure, law changes from 1990s and its effects. Research results: The weakness of those institution is connected with the political procedure of the control of the budget or the lack of the connection between the law maker and the fact of refusal of the vote of approval the direct law effects. That is why, the Polish system is complementary not severability in the case of the vote of approval institution and the constitutional responsibility. Conclusions, innovations, and recommendations: Despite of the lack of the solutions according to the law dependences between the vote of approval and the constitutional responsibility, we can safely assume, that those vote of approval should not close the door to law enforcement of the constitutional responsibility by the members of the government, who realize the budget of the state.
- Issue Year: 9/2018
- Issue No: 26
- Page Range: 93-110
- Page Count: 18
- Language: Polish